Wells v Serman
2012 NY Slip Op 01338 [92 AD3d 555]
February 21, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


Amy Stuart Wells, Respondent,
v
Todd W. Serman, Appellant.

[*1] Todd W. Serman, New York, appellant pro se.

Adam Richards LLC, New York (Adam Richards of counsel), for respondent.

Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered October 15, 2010, which granted plaintiff's motion for an award of interim counsel fees in the amount of $17,850, unanimously reversed, on the law, without costs, and the motion denied. Appeal from order, same court and Justice, entered January 3, 2011, which denied defendant's motion to renew and reargue, unanimously dismissed, without costs, as academic.

Supreme Court's award of interim counsel fees to plaintiff, the monied spouse, based solely on defendant's conduct in delaying the litigation, was improper under Domestic Relations Law § 237. An award of counsel fees under Domestic Relations Law § 237 cannot be made merely to punish a party for claimed discovery delays or for seeking a jury trial on grounds (see Silverman v Silverman, 304 AD2d 41, 47-48 [2003]). Concur—Andrias, J.P., Saxe, Acosta, Freedman and Richter, JJ.